Version 1.0 / 2023
This document establishes the general conditions of the contractual relationship that aims to buy and sell products offered from this website, and which is owned and owned by CAFÉS CARACAS, S.L.U. (hereinafter, "CAFÉS CARACAS") with address at Carrer Pamplona, 82, CP: 08018 City: Barcelona, with NIF: B08701567, registered in the Mercantile Registry of Barcelona, volume 36412, folio 213, inscription 13 with sheet B14853 and natural persons (hereinafter, "CUSTOMER") who express their willingness to buy the products by requesting them via the Internet through this website.
These requests from users constitute the particular conditions to which these general conditions are associated, which the CLIENT must accept telematically prior to the purchase of the product. The CLIENT is exposed through this same website these conditions, so that he reads, prints, files and accepts them. The CLIENT can always consult these general conditions through the website.
FIRST.- OBJECT OF THE CONTRACT.-
By these General Conditions, CAFÉS CARACAS undertakes to deliver to the CUSTOMER the products that he has ordered through the Website in exchange for a certain price.
By purchasing the products available on this website, the CUSTOMER declares that:
- That he/she is of legal age and has the capacity to enter into contracts.
- That you have read, understood and accept these General Conditions of Contract.
SECOND.- ALTERATION OF THE GENERAL CONDITIONS.-
CAFÉS CARACAS reserves the right to modify these General Conditions at any time, without prior notice to the CLIENT, who in any case is responsible for reviewing them as a prerequisite for the acquisition of any product available through this website. In any case, the General Conditions that were displayed on the website at the time the CLIENT purchases the corresponding products will be considered valid and applicable.
THIRD.- RIGHTS AND OBLIGATIONS CAFÉS CARACAS.-
3.1. Delivery of the product.- CAFÉS CARACAS undertakes to deliver the product in perfect condition at the address indicated by the CUSTOMER in the order form where the particular conditions that join these General Conditions appear. CAFÉS CARACAS will not be responsible for errors caused in delivery when the data entered by the CUSTOMER in the order form do not conform to reality or have been omitted. Deliveries are always made from Monday to Friday on business days. Delivery times are always estimated, not making CAFÉS CARACAS responsible for possible delays in deliveries. Shipments are made throughout the Spanish territory, including Balearic Islands, Canary Islands, Ceuta and Melilla. CAFÉS CARACAS will not be responsible for delays in delivery caused exclusively by causes attributable to the transport agency or unforeseeable and uncontrollable factors that it does not have the duty to bear.
In case of unavailability of the requested product, CAFÉS CARACAS will inform the CUSTOMER of this fact, who may recover without any undue delay the sums he has paid under the product. The communication will be made by email or at the telephone number provided by the CLIENT. At that time CAFÉS CARACAS may give the CUSTOMER the option of replacing the purchased product with another with similar characteristics and with the same quality without price increase.
3.2. Responsibility of CAFÉS CARACAS. Under no circumstances will it be liable in relation to:
3.2.1. Errors, delays in access by the CUSTOMER when entering their data in the order form, delays or impossibility of reception by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous causes or force majeure and any other unforeseeable contingency beyond the good faith of the company. In any case, CAFÉS CARACAS undertakes to solve the problems that may arise and to offer all the necessary support to the CLIENT to reach a quick and satisfactory solution to the incident.
3.2.2. Of the errors or damages caused by an inefficient use of the service and in bad faith by the CUSTOMER.
3.2.3. Non-operation or problems in the email address or telephone number provided by the CUSTOMER for sending the order confirmation.
3.3 Guarantees:
3.3.1. CAFÉS CARACAS guarantees that all products available for sale on the website comply with international and EU standards applicable to product safety.
3.3.2. CAFÉS CARACAS is liable for the lack of conformity of the products delivered at the time of delivery and that become apparent within 3 years from that moment. In the case of lack of conformity that manifests itself after 2 years from delivery, the CUSTOMER must prove that they existed at the time of delivery of the product.
In accordance with current regulations, the delivered product will be understood to be in accordance with the contract if:
- It conforms to the description, type of good, quantity and quality and has the functionality, compatibility, interoperability and other characteristics established in the contract.
- Be suitable for the specific purposes for which the consumer or user needs them and that the latter has informed the entrepreneur at the latest at the time of conclusion of the contract, and for which the entrepreneur has expressed his acceptance.
- Be delivered or supplied together with all accessories, instructions, also in terms of installation or integration, and assistance to the consumer or user in case of digital content as provided in the contract.
- Supplied with updates, in the case of goods, or be updated, in the case of digital content or services, as established in the contract in both cases.
3.3.3. In case of lack of conformity of the product at the time of delivery, the CUSTOMER may choose between repair or replacement thereof, unless any of these measures is disproportionate to CAFÉS CARACAS. In any case, both the repair and replacement of the product will be free for the CUSTOMER, including in this free, the costs of shipping, transport, work order or materials used to make the product conform.
Only in the cases in which the repair or replacement of the non-conforming product could not have been carried out at all or within a reasonable time, the CUSTOMER may choose between the price reduction or the termination of the contract of sale. In any case, the termination of the contract will not proceed when the non-conformity is of minor importance.
In the event of contractual termination:
- CAFÉS CARACAS will refund to the CUSTOMER all amounts paid.
- The CUSTOMER will return to CAFÉS CARACAS the non-conforming product on behalf of CAFÉS CARACAS.
The reimbursement of the reduction or all of the price will be made within a maximum period of 14 days from the decision of the CLIENT and by the same means of payment used by the CLIENT.
4. Right of withdrawal:
Given the nature of the food products offered by CAFÉS CARACAS and in accordance with article 103, point d) of Royal Legislative Decree 1/2007, of November 16, on the defense of consumers and users. The right of withdrawal will not apply to the supply of goods that may deteriorate or expire quickly.
For non-food products CAFÉS CARACAS recognizes the CUSTOMER the right of withdrawal in the terms and deadlines recognized in Royal Legislative Decree 1/2007 of November 16, in which case the CUSTOMER has a period, to exercise the right of withdrawal, of 14 days from the delivery of the Product, and it was done as such, unless proven otherwise, the one indicated in the delivery document signed by it. In order to exercise this right, the CUSTOMER must send an email to info@cafecaracas.com and notify CAFÉS CARACAS within the established periods, also sending the corresponding product. The exercise of this right is not subject to any formality beyond the submission of the form and it is not necessary to give any explanation or justification on the part of the CLIENT.
From the date of sending the form, the Customer will have an additional period of 14 days to deliver the product in its original packaging to CAFÉS CARACAS or a person or company authorized by it.
The Customer will bear the costs of returning the product to the CAFÉS CARACAS warehouse, unless due to the nature of the product, it cannot be returned by mail, in which case CAFÉS CARACAS will be responsible for collecting it at the Customer's home. In the event that the product must be returned by the Customer, CAFÉS CARACAS will have the right to withhold the refund until the arrival of the product in its warehouse or until receiving from the Customer proof of the return of the product.
CAFÉS CARACAS will refund all sums paid by the Customer (product plus shipping costs), within a period not exceeding 14 days from receipt or collection of the product, all using the same payment method used by the Customer in the initial transaction. CAFÉS CARACAS will not be obliged to return additional amounts other than the least expensive delivery method that the Customer would have selected (for example, express shipments).
The Customer will be responsible for the decreases in value of the product whenever it has been manipulated for a purpose other than that necessary to establish its nature, characteristics or operation.
The right of withdrawal recognized in this clause is understood without prejudice to the exceptions that the legislation itself establishes. By way of example and not exhaustively, this right cannot be exercised in relation to goods that, by their nature, cannot be returned or may deteriorate, expressly including products that have been customized at the request of the consumer.
FOURTH.- RIGHTS AND OBLIGATIONS OF THE CLIENT.-
4.1. Payment.- The CUSTOMER undertakes to pay in advance the amount for the product actually requested in the following amount and form:
4.1.1. Amount.- The price for the product actually requested by the CUSTOMER will be that indicated on the website and that appears in the specific request of the CUSTOMER at all times, requests that will constitute the particular conditions of the specific order. The prices of the products that appear on the website include VAT.
4.1.2. Forms of payment.- The CUSTOMER must pay the amount corresponding to his order by:
- Credit or debit card (VISA or MASTERCARD): by entering your details into the virtual POS terminal on the website. By accepting this means of payment, the CUSTOMER confirms that he is authorized to use the card used for this purpose, being the holder of the same. Card payments are subject to the provisions of Law 16/2009, of November 13, on payment services, especially everything related to payment orders and the conditions for their revocation.
- PayPal: for which the CUSTOMER declares to have an account activated with said payment service provider, accepting the conditions of said service.
4.2. Responsibility of the CLIENT.- In any case, it will be the responsibility of the CLIENT:
4.2.1. The CUSTOMER assumes all risks of deterioration, impairment, damage and loss of the Products from the moment they have been made available to him by the third party who, on behalf of CAFÉS CARACAS, delivers the requested products.
4.2.2. The CUSTOMER undertakes to check the good condition of the Product before the third party who, on behalf of CAFÉS CARACAS, delivers the requested Product, indicating at that same moment any anomaly that may be detected in the packaging.
If subsequently, after reviewing the content, the CUSTOMER detects any incident such as, blow, breakage or any damage caused by the shipment, he undertakes to notify CAFÉS CARACAS within a reasonable period of time from receipt of the product.
FIFTH.- RESPONSIBILITY.-
5.1.- CAFÉS CARACAS will in no case be responsible for:
5.1.1 The production of any type of damage that the CUSTOMER or third parties may cause to the Website.
5.1.2.- CAFÉS CARACAS reserves the right to suspend access without prior notice in a discretionary manner and on a permanent or temporary basis until the effective responsibility for any damages that may occur is assured. Likewise, CAFÉS CARACAS will collaborate and notify the competent authority of these incidents as soon as it has reliable knowledge that the damages caused constitute any type of illegal activity.
SIXTH.- ELECTRONIC INVOICE.-
The CLIENT expressly accepts the sending of electronic invoices in relation to purchases made at CAFÉS CARACAS The invoice will be sent to the email address provided by the CLIENT in the registration process.
If you want the invoice in paper format, you must enter it through the following email address info@cafecaracas.com.
SEVENTH.- COMPETENT JURISDICTION AND APPLICABLE LAW.-
These general conditions are governed by Spanish law. For the determination of the place of celebration of the sale to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and electronic commerce must be observed. In the event that the CLIENT is not considered a consumer, any conflict related to the interpretation or execution of these General Conditions of Contract will be submitted to the jurisdiction of the Courts of the city of Barcelona.
EIGHTH.- NULL NULLITY OF CLAUSES.-
In the event that any clause of these General Conditions is declared null and void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these conditions. CAFÉS CARACAS may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver thereof, unless expressly acknowledged by CAFÉS CARACAS.
NINTH.- ALTERNATIVE PROCEDURE FOR THE RESOLUTION OF ONLINE DISPUTES.-
Without prejudice to what is indicated in the previous clause, the European Commission provides an online dispute resolution platform that is available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show who have the status of consumers, may submit their claims through the online dispute resolution platform.
WITHDRAWAL CONDITIONS FOR PRODUCTS
I. In accordance with current regulations, the customer may exercise their right of withdrawal within a period of 14 days from the delivery of the product purchased at CAFÉ CARACAS. This right is not subject to penalty or explanation.
II. The exercise of this right is conditional solely on the Customer completing and sending this form duly completed and signed to info@cafecaracas.com.
III. From the date of sending the form, the customer will have an additional period of 14 days to notify CAFÉ CARACAS of the right to withdrawal of the purchased product.
IV. The customer will be responsible for the costs of returning the product to the CAFÉ CARACAS warehouse, unless due to the nature of the product, it could not be returned by mail, in which case CAFÉ CARACAS will be responsible for collecting it at the Customer's home. In the event that the product must be returned by the Customer, CAFÉ CARACAS will have the right to withhold the refund until the arrival of the product in its warehouse or until receiving from the Customer proof of the return of the product.
V. CAFÉ CARACAS will refund all sums paid by the Customer, within a period not exceeding 14 days from receipt or collection of the product, using the same payment method used by the Customer in the initial transaction. CAFÉ CARACAS will not be obliged to return additional amounts other than the least expensive delivery method that the Customer would have selected (for example, express shipments).
VI. The Customer will be responsible for the decreases in value of the product whenever he has manipulated it for a purpose other than that necessary to establish its nature, characteristics or operation.
VII. The personal data of the Client included in this form will only be used by CAFÉ CARACAS for the management of the right of withdrawal. You can consult our full Privacy Policy on our website.
WITHDRAWAL / RETURNS